ART. 1156. An obligation is a ART. 1161.

Civil obligations arising

juridical necessity to give, to do, or not from criminal offenses shall be
to do. governed by the penal law, subject to
the provisions of Article 2177, and of
ART. 1157. Obligation arise from:
the pertinent provisions of Chapter 2,
(1) Law; Preliminary Ttile, on Human Relations,

(2) Contracts; and of Title XVIII of this Book,

regulating damages. (1092a)
(3) Quasi-contracts;
ART. 1162. Obligations derived
(4) Acts or omissions punished
from quasi-delicts shall be governed
by law;
by the provisions of Chapter 2, Title
(5) Quasi-delicts. (1089a) XVII of this Book, and by special laws.
(1032a)
ART. 1158. Obligations derived
from law are not presumed. Only ART. 1163. Every person obliged to
those expressly determined in this give something is also obliged to take
Code or in special laws are care of it with the proper diligence of
demandable, and shall be regulated by a good father of a family, unless
the precepts of the law which the law or the stipulation of the parties
establishes them; and as to what has requires another standard if care.
not been foreseen, by the provisions of (1094a)
this Book. (1090)
ART. 1164. The creditor has a right to
ART. 1159. Obligations arising the fruits of the thing from the time
from contracts have the force of law the obligation to deliver it arises.
between the contracting parties and However, he shall acquire no real right
should be compiled with in good faith. over it until the same has been
(1091a) delivered to him. (1095)

ART. 1160. Obligations derived ART. 1165. When what is to be

from quasi-contracts shall be delivered is a determinate thing,
subject to the provisions of Chapter 1, the creditor, in addition to the right
Title XVII of this Book. (n) granted him by Article 1170, may
compel the debtor to make the
delivery.
 If the thing is indeterminate the time the obligee judicially or
or generic, he may ask that the extrajudicially demands from them the
obligation be complied with at the fulfillment of their obligation.
expense of the debtor.
However, the demand by the
If the obligor delays, or creditor shall not be necessary in order
promised to deliver the same thing that delay may exist:
to two or more persons who do not
(1)When the obligation or the law
have the same interest, he shall be
expressly so declares; or
responsible for fortuitous event until
(2)When from the nature and the
he has effected the delivery. (1096)
circumstances of the
ART. 1166. The obligation to give a obligation it appears that the
determinate thing includes that of designation of the time when
delivering all its accessions and the thing is to be delivered or
accessories, even though the may the service is to be rendered
not have been mentioned. (1097a) was a controlling motive for
the establishment of the
ART 1167. If a person obliged to do
contract; or
something fails to do it, the same
(3)When the demand would be
shall be executed at his cost.
useless, as when the obligor
This same rule shall be has rendered it beyond his
observed if he does it in power to perform.
contravention of the tenor of the
In reciprocal obligations,
obligation. Furthermore, it may be
neither party incurs in delay if the
decreed that what has been poorly
other does not comply or is not
done be undone. (1098)
ready to comply in a proper
ART. 1168. When the obligation manner with what is incumbent
consists in not doing, and the obligor upon him. From the moment one of
does what has been forbidden him, it the parties fulfills his obligation,
shall be undone at his expense. delay by the other begins. (1100a)
(1099a)
ART. 1170. Those who in the
ART. 1169. Those obliged to deliver performance of their obligations are
or to do something incur in delay from guilty of fraud, negligence, or delay
and those who in any manner person shall be responsible for
contravene the tenor thereof, are those events which could not be
liable for damages. foreseen, or which though
foreseen, were inevitable. (1105a)
ART. 1171. Responsibility arising from
fraud is demandable in all obligations. ART. 1175. Usurious transactions
Any waiver of an action for future shall be governed by special laws. (n)
fraud is void. (1102a)
ART. 1176. The receipt of the
ART. 1172. Responsibility arising from principal by the creditor, without
negligence in the performance of reservation with respect to the
every kind of obligation is also interest, shall give rise to the
demandable, but such liability may be presumption that said interest has
regulated by the courts, according been paid.
to the circumstances. (1103)
The receipt of a later
ART. 1173. The fault or negligence of installment of a debt without
the obligor consists in the omission of reservation as to prior installments,
the diligence which is required by the shall likewise raise the presumption
nature of the obligation and that such installments have been
corresponds with the circumstances paid. (1110a)
of the person, of the time and of the
ART. 1177. The creditors, after having
place. When negligence shows bad
pursued the property in possession
faith, the provisions of Articles 1171
of the debtor to satisfy their claims,
and 2201, paragraph 2, shall apply.
may exercise all the rights and
If the law or contract does not bring all the actions of the latter for
state the diligence which is to be the same purpose, save those which
observed in the performance, that are inherent in his person; they may
which is expected of a good father of also impugn the acts which the
a family shall be required. (1104a) debtor may have done to defraud
them. (1111)
ART. 1174. Except in cases expressly
specified by the law, or when it is ART. 1178. Subject to the laws, all
otherwise declared by stipulation, or rights acquired in virtue of an
when the nature of the obligation obligation are transmissible, if
requires the assumption of risk, no
there has been no stipulation to the take effect in conformity with the
contrary. (1112) provisions of this Code. (1115)

ART. 1179. Every obligation whose ART. 1183. Impossible conditions,

performance does not depend upon a those contrary to good customs or
future or uncertain event, or upon a public policy and those prohibited by
past event unknown to the parties, is law shall annul the obligation which
demandable at once. depends upon them. If the obligation
is divisible, that part thereof which is
Every obligation which contain a
not affected by the impossible or
resolutory condition shall also be
unlawful condition shall be valid.
demandable, without prejudice to the
effects of the happening of the event. The condition not to do an
(1113) impossible thing shall be considered
as not having been agreed upon.
ART. 1180. When the debtor binds
(1016a)
himself to pay when his means
permit him to do so, the obligation ART. 1184. The condition that some
shall be deemed to be one with a event happen at a determinate
period, subject to the provisions of time shall extinguish the obligation
Article 1197. (n) as soon as the time expires or if it
has become indubitable that the
ART. 1181. In conditional
event will not take place. (1117)
obligations, the acquisitions of
rights, as well as the extinguishment ART. 1185. The condition that some
or loss of those already acquired, event will not happen at a
shall depend upon the happening of determinate time shall render the
the event which constitutes the obligation effective from the moment
condition. (1114) the time indicated has elapsed, or if it
has become evident that the event
ART. 1182. When the fulfillment of
cannot occur.
the condition depends upon the sole
will of the debtor the conditional If no time has been fixed, the
obligation shall be void. If it condition shall be deemed fulfilled at
depends upon chance or upon the will such time as may have probably been
of a third person, the obligation shall contemplated, bearing in mind the
nature of the obligation. (1118)
ART. 1186. The condition shall be The debtor may recover what
deemed fulfilled when the obligor during the same time he has paid by
voluntarily prevents its fulfillment. mistake in case of suspensive
(1119) condition. (1121a)

ART. 1187. The effects of a ART. 1189. When the conditions have
conditional obligation to give, once the been imposed with the intention of
condition has been fulfilled, shall suspending the efficacy of an
retroact to the delay of the obligation to give, the following rules
constitution of the obligation. shall be observed in case of the
Nevertheless, when the obligation improvement, loss or deterioration of
imposes reciprocal prestations upon the thing during the pendency of the
the parties, the fruits and interests condition:
during the pendency of the condition
(1)If the thing is lost without the
shall be deemed to have been
fault of the debtor, the
mutually compensated. If the
obligation shall be extinguished;
obligation is unilateral, the debtor
(2)If the thing is lost through the
shall appropriate the fruits and
fault of the debtor; he shall
interests received, unless from the
be obliged to pay damages; it is
nature and circumstances of the
understood that the thing is
obligation it should be inferred that
when it perishes, or goes out of
the intention of the person
commerce, or disappears in
constituting the same was different.
such a way that its existence is
In obligations to do and not to unknown or it cannot be
do, the courts shall determine, in each recovered;
case, the retroactive effect of the (3)When the thing deteriorates
condition that has been complied with. without the fault of the
(1120) debtor, the impairment is to be
borne by the creditor;
ART. 1188. The creditor may, before
(4)If it deteriorates through the
the fulfillment of the condition, bring
fault if the debtor, the
the appropriate actions for the
creditor may choose between
preservation of his right.
the rescission of the obligation
and its fulfillment, with
 indemnity for damages in either should not comply with what is
case; incumbent upon him.
(5)If the thing is improved by its
The injured party may choose
nature, or by time, the
between the fulfillment and the
improvement shall inure to the
recission of the obligation, with the
benefit of the creditor;
payment of damages in either case.
(6)If it is improved at the
He may also seek rescission, even
expense of the debtor, he
after he has chosen fulfillment, if the
shall have no other right than
latter should become impossible.
that granted to the
usufructuary. (1122) The court shall decree the
rescission claimed, unless there be
ART. 1190. When the conditions have
just cause authorizing the fixing of a
for their purpose the extinguishment
period.
of an obligation to give, the parties,
upon the fulfillment of said conditions, This is understood to be without

shall return to each other what they prejudice to the rights of third persons

have received. who have acquired the thing, in

accordance with Articles 1385 and
In case of loss, deterioration or
1388 and the Mortgage Law. (1124)
improvement of the thing, the
provisions which, with respect to the ART. 1192. In case both parties have

debtor, are laid down in the preceding committed a breach of the obligation,

article shall be applied to the party the liability of the first infractor

who is bound to return. shall be equitably tempered by

the courts. If it cannot be determined
As for obligations to do and not
which of the parties first violated the
to do, the provisions of the second
contract, the same shall be deemed
paragraph of Article 1187 shall be
extinguished, and each shall bear his
observed as regards the effect for the
own damages. (n)
extinguishment of the obligation.
(1123) ART. 1193. Obligations for whose
fulfillment a day certain has been
ART. 1191. The power to rescind
fixed, shall be demandable only
obligations is implied in reciprocal
when that day comes.
ones, in case one of the obligors
 Obligations with a resolutory been established in favor of one or
period take effect at once, but of other. (1127)
terminate upon arrival of the day
ART. 1197. If the obligation does not
certain.
fix a period, but from its nature and
A day certain is understood to the circumstances it can be inferred
be what which must necessarily that a period was intended, the courts
come, although it may not be known may fix the duration thereof.
when.
The courts shall also fix the
If the uncertainty consist in duration of the period when it depends
whether the day will come or not, the upon the will of the debtor.
obligation is conditional, and it shall
In every case, the courts shall
be regulated by the rules of the
determine such period as may under
preceding section. (1125a)
the circumstances have been probably
ART. 1194. In case of loss, contemplated by the parties. Once
deterioration or improvement of fixed by courts, the period cannot be
the thing before the arrival of the day changed by them. (1128a)
certain, the rules in Article 1189 shall
ART. 1198. The debtor shall lose
be observed. (n)
every right to make use of the period:
ART. 1195. Anything paid or delivered
(1)When after the obligation has
before the arrival of the period,
been contracted, he becomes
the obligor being unaware of the
insolvent, unless he gives a
period or believing that the obligation
guaranty or security for the
has become due and demandable,
debt;
may be recovered with the fruits,
(2)When he does not furnish to the
and interests. (1126a)
creditor the guaranties or
ART. 1196. Whenever in an obligation securities which he has
a period is designated, it is presumed promised;
to have been established for the (3)When by his own acts he has
benefit of both the creditor and impaired said guaranties or
the debtor, unless from the tenor of securities after their
the same or other circumstances, it establishment, and when
should appear that the period has through a fortuitous event they
 disappear, unless he
immediately gives new ones
equally satisfactory;
(4)When the debtor violates any
undertaking, in consideration of
which the creditor agreed to the
period;
(5)When the debtor attempts to
abscond. (1129a)